Request for Parental Relocation
One of the most challenging aspects of managing post-divorce life is moving forward with your career and future romantic relationships while supporting parenting time your children share with your co-parent.Â With the dawn of the internet and ease of air travel, our world has indeed gotten smaller.Â And an important part of Â the growth and recovery that is crucial following a divorce is embracing the opportunities provided by these advancements.
If a custodial parent finds it necessary to move away from the noncustodial parent because of a new job opportunity or a new relationship, the court is confronted with a difficult decision; to weigh the request to move away for newÂ opportunitiesÂ against the noncustodial parentâ€™s concern that a significant relocation may interfere with meaningful parenting time or prevent parenting timeÂ altogether. Â Georgia courts can severely limit or restrict move-away requests and the White Law Office is familiar with the considerations the court gives to this type of request.Â We represent custodial parents who need to move away show the court why this would be in the childâ€™s best interest.
Fighting Relocations to Protect Childrenâ€™s Best Interests
There is no question a relocation will impact the co-parent’s parenting time with the children. Â Because the courts recognize the importance of meaningful parenting time with both parents, the request to move away must be balanced against the children’s best interest. Â When moving away is not in the children’s best interest, on behalf of our clients, we vigorously oppose move away petitions.Â A new opportunity is not in and of itself sufficient to alter the relationship you have with your child.Â We will actively seek the evidence necessary to show the judge your co-parentâ€™s true motivation for the move.Â Whether there really is a new job opportunity or if the desire to move is less substantial we will explore e-mail trails, social media messages on Facebook, etc. to provide the court with a clear motivation for the requested move.
As relocation becomes more and more common, you should be concerned with how your divorce decree or court agreement will affect your moving plans or if your co-parent has already moved away, our office can work through this transition with you to protect the relationship with your children.
Common concerns for parents regarding relocation away after a divorce.
- Parents or relatives living in another state have offered to babysit.Â Can I move away for a better lifestyle?
- My ex-wife gets the children on the weekends. She has been offered a job in another state, but wants to take the children with her. Can she do that?
- I am moving out of state, and one of my children wants to move with me. The other wants to stay and finish high school with his friends. My ex and I are friendly. Do we need to go through the court system to make changes to the court orders?
- I live in DeKalbÂ County.Â What if I only move a few miles away to Cobb County?
- I never married my childâ€™s father?Â Can I move?
As with any change to the parenting plan schedule, the court’s order must guide the process. Â If the order is silent as to move away, it’s important to contact an attorney before considering a drastic relocation.